4.02 RFQ N6817124Q6008.pdf

SEE ADDENDUM

(No Collect Calls)

N6817124Q6008 22-May-2024

b. TELEPHONE NUMBER

0034 956 82 1695

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 26 Jun 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N681719. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUAN SERRANO ROMERO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N3049B24RC00PZ0

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC SIGONELLA ROTA OFFICE

BASE NAVAL DE ROTA

APARTADO 33, 11530 ROTA

ROTA (CADIZ)

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N3049B 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CNREURAFCENT NAPLES

JASON KINLAW

FIRE DEPARTMENT

PSC 817 BOX 94

FPO AE 09622

TEL: 39-081-568-8173 FAX:

956-823145FAX:

TEL: 956-822113 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

611430

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6817124Q6008

Section SF 1449 - CONTINUATION SHEET

PREAMBLE

ADDENDUM TO BLOCK 9

After award of this contract, the individual(s) responsible for this procurement will be:

Juan Serrano Contract Specialist NAVSUP FLCSI Rota, Spain Tel. DSN: 727-1695 Tel Comm: +34-956-82-1695 Email: Juanantonio.Serranoromero.ln@us.navy.mil

And

Mariano Acuna Purchasing Agent Tel. DSN: 727-1994 Comm: +34-956-82-1994 Email: Mariano.Acunamartin-nino.ln@us.navy.mil

ADDENDUM TO BLOCK 17

CONTRACTOR POINT OF CONTACT:

Mr/Ms Telph:

Email:

ADDENDUM TO BLOCK 18a

INVOICES WILL BE SENT VIA EMAIL TO:

Manuel Jesus Barrientos Alcedo Ph. # +34-956-82-1681 Email: manuel.j.barrientosalcedo.ln@us.navy.mil

Mr Audie Carson or Nathan Ollberding Fire Chief Ph. # +34-956-82-1393 Emial: audie.e.carson.civ@us.navy.mil Email: nathan.r.ollberding.civ@us.navy.mil

And

Ms. Yolanda Marquez Cutilla Email: yolanda.marquezcutilla.ln@us.navy.mil

Mr Carson and Mr Ollberding, upon verification of delivery of items and services, please prepare the SF-1034 and forward a copy of your DD577, SF-1034, signed invoice, and copy of the contract to Commercial Bill Pay Office (CBPO)/disbursing office: mariaregla.gomezmerino.ln@us.navy.mil and reglainmaculada.laynezharana.ln@us.navy.mil, so they can pay the contractor.

mailto:Juanantonio.Serranoromero.ln@us.navy.mil mailto:Mariano.Acunamartin-nino.ln@us.navy.mil mailto:manuel.j.barrientosalcedo.ln@us.navy.mil mailto:audie.e.carson.civ@us.navy.mil mailto:nathan.r.ollberding.civ@us.navy.mil mailto:yolanda.marquezcutilla.ln@us.navy.mil

INVOICES WILL BE PAID BY US NAVAL STATION ROTA SPAIN ATTN COMM BILL PAYING OFFICE

(CBPO)

Please CC:

Juan Serrano / Mariano Acuna Email: Juanantonio.Serranoromero.ln@us.navy.mil / Maiano.Acunamartin-nino.ln@us.navy.mil

Reference PR’s: N3049B24RC00PZ0

CONTRACTOR CLEARANCE TO ENTER SPAIN

Contractor personnel must be cleared by the Office of Defense Cooperation in Madrid, Spain in order to obtain permission to relocate to Spain for contract performance. The contractor shall contact the Chief Thomas Wiley immediately after award, and no later than 10 days after award, in order to initiate the process in a timely fashion, which can take up to 30 days. The Government will allow a minimum of 30 days between the contract effective date and the performance start date in order to allow the contractor sufficient time to process clearance with the Office of Defense Cooperation and to relocate employees.

IMPORTANT DELIVERY INFORMATION

Base Naval de Rota in Rota, Spain is designated as an operational restricted area. In accordance with the provisions of COMNAVACTSPAININST 5512.3D, contractors must be escorted by Government personnel for the entire duration of a visit to such a facility. It is operationally unfeasible and inefficient for the Government to provide 100% escort in all instances. As a result, be advised that delivery truck drivers intending to enter this facility with purpose of delivering material/equipment contracted for in this purchase order/contract MUST OBTAIN IN ADVANCE A BASE PASS through NAVSTA ROTA and the Spanish Security Departments. If unable to obtain a base pass in advance, contractors must ARRANGE FOR AN ESCORT IN ADVANCE whenever possible by contacting the point of contact below.

PLEASE CONTACT (NAME OF POC) BEFORE DELIVERY:

Manuel Jesus Barrientos Alcedo Ph. # +34-956-82-1681 Email: manuel.j.barrientosalcedo.ln@us.navy.mil

Mr Audie Carson or Nathan Ollberding Fire Chief Ph. # +34-956-82-1393 Emial: audie.e.carson.civ@us.navy.mil Email: nathan.r.ollberding.civ@us.navy.mil mailto:Juanantonio.Serranoromero.ln@us.navy.mil mailto:Maiano.Acunamartin-nino.ln@us.navy.mil mailto:manuel.j.barrientosalcedo.ln@us.navy.mil mailto:audie.e.carson.civ@us.navy.mil mailto:nathan.r.ollberding.civ@us.navy.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Fire Department Rota Certification Cours

FFP

Marine Firefighter Certification Courses for Fire and Emergency Service Personnel at Naval Station Rota in accordance to the statement of work (SOW) mentioned herein.

FOB: Destination

MILSTRIP: N3049B24RC00PZ0

PURCHASE REQUEST NUMBER: N3049B24RC00PZ0

PSC CD: U099

NET AMT

STATEMENT OF WORK

STATEMENT OF WORK

FIREFIGHTER CERTIFICATION COURSES

Commander Navy Europe, Africa, Central Fire and Emergency Services

1. Purpose

Obtain Marine Firefighter Certifications for Fire and Emergency Service personnel at Naval Station Rota, located in the Province of Cádiz, Spain.

2. Requirements

Marine Firefighter Certification Course instruction for 24 students to be held at Naval Station Rota. This certification program must comply with the following National Professional Qualifications System Standard:

• NFPA 1010, Standard on Professional Qualifications for Firefighters (2024), Chapter 9 – Land-Based Marine Firefighter (NFPA 1005)

The contractor must be accredited through (1) the International Fire Service Accreditation Congress (IFSAC) and/or (2) the Pro Board to certify candidates in accordance with NFPA 1005:

Standard for Professional Qualifications for Marine Fire Fighting for Land-Based Fire Fighters.

The contractor will provide one (1) full certification course at the naval installation listed above.

Delivery of instruction will be on a daily basis, subject to adjustment as needed due to shift schedules. Course will conclude with testing commensurate with the requirements of the National Professional Qualifications System Standards. Students successfully completing the program requirements and testing processes will be awarded professional certification through the International Fire Service Accreditation Congress (IFSAC) and/or the Pro Board.

Certifications will be provided to the agency within thirty (30) days of successful completion of all requirements.

Contractor shall provide all student handouts, course materials, candidate handbooks, and certification exams. All course delivery and testing will be in English. Instructors will be escorted by a member of the Fire Department management, who will also provide observation of the class.

3. Place of Performance

The onsite training will be held at Naval Station Rota, located in the Province of Cádiz, Spain.

Contractor’s price will include travel and accommodation of all instructors. Contractor is required to obtain base access for all its employees prior to start the performance of the contract, in accordance with instructions to be provided upon award.

Naval Station Rota Fire and Emergency Services will provide the classroom space, audio-visual support, equipment, and vehicles needed for practical skills evaluation. A “Draegar, Swede Survival, Phase-4” Submarine/Shipboard Trainer is available at the NS Rota Fire Department training grounds to conduct practical training and testing evolutions.

Base Naval de Rota Fire and Emergency Services Rota, Cadiz 11530 SPAIN POC: Audie Carson Phone: 34-956-821044 Cell: 760-577-1120

The contractor will coordinate audio-visual support, equipment, and vehicles needed with the Technical Point of Contact (TPCO) within 30 days after award.

4. Period of Performance

Performance will begin approximately 9 September 2024 and shall be completed by 13 September 2024. Scheduling of classes will be accomplished between the TPCO and the vendor within 30 days after award.

5. Technical Point of Contact (TPCO):

Jason Kinlaw Assistant Fire Chief – Training CNREURAFCENT Fire & Emergency Services (N30) jason.c.kinlaw.civ@us.navy.mil

COMM: 011-39-081-568-8173

DSN: 314-626-8173

CLAUSES INCORPORATED BY FULL TEXT

In accordance with FAR 12.301(b)(1), the provision at FAR 52.212-1 is hereby amended as follows:

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

This acquisition is being conducted utilizing Simplified Acquisition Procedures under FAR Part 13. Note that any references to “offer(s)”/”offeror(s)” are hereby replaced with “quote(s)”/”quoter(s)”.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer in its own name, but which proposes to furnish an item which id dinot itself manufacture, is 500 employees. , other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees.

(b) Submission of offers. You must submit your quotation electronically via e-mail to Juan Serrano and Jorge Cubas:

Juanantonio.Serranoromero.ln@us.navy.mil and Jorge.Cubas.civ@us.navy.mil

Quote Delivery: Quoters are advised that delays can be experienced with the Government’s e-mail system.

Additionally, the e-mail system capacity for each email is 10 MB. E-mails greater than 10 MB will not be delivered and consequently will not be considered. Therefore, quotations exceeding the size limit must be sent via multiple emails. Zip Files are not accepted. If you do not receive a confirmation of receipt from the Contracting Officer within 24 hours of submission, you must follow up with the Contracting Officer to ensure receipt.

Questions: Any questions related to this solicitation must be submitted via email to Juanantonio.Serranoromer.ln@us.navy.mil At least 4 business days prior to the solicitation deadline. Questions submitted after the deadline may or may not be answered by the Government. At the Government’s discretion, questions and answers will be provided to all potential quoters via email.

YOUR QUOTE MUST INCLUDE THE FOLLOWING:

1. Completed and Signed SF 1449 (this document)

a. Complete Blocks 17a, 30a, 30b, and 30c of the SF 1449 (Page 1 of this document).

b. Fill out pricing information for all CLINS.

c. Shipping cost of all documentation to training site, travel and all Per Diem expenses must be included in the quote.

d. Contractors may choose to provide a quote in their standard commercial format, provided the same information is provided as described above

e. Fill in FAR & DFAR Clauses: 52.204-24, 52.204-26, and 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror may complete electronically), as well as DFARS 252.204-7016 and 252.204-7017.

mailto:Juanantonio.Serranoromero.ln@us.navy.mil mailto:Jorge.Cubas.civ@us.navy.mil mailto:Juanantonio.Serranoromer.ln@us.navy.mil

2. Technical Information:

a. If you use a format other than the SF1449 to state your prices, your format must clearly demonstrate that your quote is for the items described in this solicitation.

This requirement is for Firefighter Certification Course.

b. The contractor will need to provde their IFSAC and ProBoard accreditation to offer certifications for the course.

c. The contractor should provide historical verification of teaching the course.

d. The contractor should provide instructor certifications, qualifications and experience to justify them as subject matter expert.

The Government will proceed to evaluate the degree to which factors described aobve meet or exceed the minimum requirements described. To that end, the Government will then identify significant advantages or disadvantages related to their quote submitted.

e. Training must be provided on site at:

Base Naval de Rota Fire and Emergency Services Rota, Cadiz 11530 SPAIN TPOC: Audie Carson Phone: 34-956-821044 Cell: 760-577-1120

(c) Period for acceptance of quotes. The quoter agrees to hold prices in its quote firm for 45 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. N/A

(e) Multiple offers. N/A

(f) Submission Deadline.

(1) See the deadline on the SF1449.

(2) We will consider your quotation if we receive it by the submission deadline. If we receive your quotation after this time, we will not consider it unless we receive it before we issue the purchase order and we determine that considering it is in the best interest of the Government.

(3) In the event that an emergency or unanticipated event interrupts our normal processes so that we cannot receive your quotation prior to the submission deadline, the submission deadline is automatically extended to the same time of day specified in the solicitation on the first workday on which our normal processes resume.

(g) Issuance of purchase order. We intend to award to the responsible quoter whose quote conforming to the solicitation is the most advantageous to the Government, price and non-price factors considered. However, we may issue a purchase order to a vendor who did not submit a quotation in response to this solicitation. After the evaluation of quotations, we may negotiate final terms with one or more quoters of our choosing before issuing a purchase order. We will not negotiate with any quoters other than those of our choosing and we will not use the formal source selection procedures described in FAR Part 15.

(h) Partial CLIN Awards. N/A Unless otherwise provided in the Schedule, contractors may not submit a quotation for quantities less than those specified. The government reserve the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless you specify otherwise in the quotation.

(i) Unique entity identifier. (Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Quoter shall enter, in the block with its name and address on the cover page of its quote, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Quoter's name and address. The Quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is a quoter for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(End of provision)

The clause at FAR 52.212-2, Evaluation – Commercial Items (Oct 2014), applies to this acquisition. An addendum to paragraph (a) is show below:

Addendum to FAR 52.212-2

EVALUATION – COMMERCIAL ITEMS

The evaluation procedures will be in accordance with FAR 13.106-2(b), which grants the Contracting Officer broad discretion in fashioning suitable evaluation procedures, and specifically states that the procedures described in FAR Part 14 & 15 are not mandatory. Below are the evaluation factors for this solicitation.

FACTOR I: PRICE

The Government will evaluate prices for fairness and reasonableness, utilizing the techniques described in FAR 13.106-3(a).

FACTOR II: TECHNICAL COMPLIANCE

To be determined technically compliant, you must provide the accrediations, certifications requested in the statement of work provide historical verfication of teaching the course and provide instructor certifications, qualifications and experience to justify them as subject matter expert.

In addition to the documents provided by the quote, the Government reserves the right to clarify details, ambiguities, or other characteristics of the quote in order to thoroughly evaluate the quotes without constituting negotiations.

AWARD DETERMINATION

The Government will award a contract to the responsible quoter whose quote is determined the Most Advantageous to the Government.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 02-SEP-2024 TO

23-SEP-2024

N/A CNREURAFCENT NAPLES

JASON KINLAW

FIRE DEPARTMENT

PSC 817 BOX 94

FPO AE 09622

39-081-568-8173 FOB: Destination

N3049B

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.222-7004 Compliance With Spanish Social Security Laws and

Regulations

JUN 1997

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.228-7006 Compliance With Spanish Laws and Insurance DEC 1998 252.229-7001 Tax Relief APR 2020 252.229-7004 Status of Contractors as a Direct Contractor (Spain) JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

https://www.sam.gov/

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in http://www.sam.gov/ paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.